Bikky Pasi @ Bikky Kumar Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51355 of 2018 Arising Out of PS.Case No. -113 Year- 2018 Thana -HUSSAINGANJ District- SIWAN ====================================================== Bikky Pasi @ Bikky Kumar Choudhary S/o Mohan Pasi @ Mohan Choudhary, R/o Vill.- Gopalpur, Purab Teliya Tola, P.S.- Hussainganj, District- Siawan.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-08-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 30(A) and 36 of the Bihar Prohibition and Excise Act, 2016.
7.200 litres of foreign liquor is said to have been recovered from the dilapidated house of Sudarshan Sah and petitioner alongwith other accused person managed to escape who were identified by the locals.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern
Page 2 of 2Patna High Court Cr.Misc. No.51355 of 2018 (2) dt.21-08-2018 2/2 either with the seized liquor or with the place of recovery. He was not apprehended on the spot. The identity and genuineness of the sources of information has not been mentioned in the written report of the informant. He has been falsely implicated in the case at the instance of his enemy. He has no criminal antecedent. He has been languishing in custody since 21.07.2018. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 2nd-cum-Special Judge Excise, Siwan in connection with Hussainganj P.S. Case No. 113 of 2018.
(Prakash Chandra Jaiswal, J) Kr. Uday/- U T